Legal News Archive: December 2012

We see the stories in the headlines every year around the holidays. Someone is injured at home decorating the tree, or returns from a well-deserved vacation and finds damage to their home from fire or water. When an accident happens involving the home, who is at fault? The manufacturer of the fireplace? The caretaker who was house-sitting while you were away? The manufacturers of the Christmas tree lights? The owner of the home who accidentally posed a threat to guests? Home damage presents many problems and it is difficult to ascertain who is at fault, especially if you or someone is injured as a result.

The holidays are here and theft is on the minds of many thieves, including some who use extreme measures to break and enter into a home and overcome the owner at all costs to get what they came for, or to steal what money they can quickly access. We’ve all heard the stories about people who are injured when they find themselves in the middle of a burglary. Don’t let that happen to you.

The outdoor pond beckons you again this year, inviting you to take the day off and enjoy the winter surroundings. Year after year, you look forward to seasonal activities like skating, ice-fishing and walking along the perimeter of the pond. You’ve lived in the same place for years, after all, and you’ve trusted the conditions many times. The likelihood of any cracks or holes is almost non-existent. But, this year is different. The weather wasn’t nearly as cold, even though the pond still froze over. You know you’ll be fine, and you proceed with your normal enjoyment - or so you think.

‘Tis the season of giving, and many of us have gifts for small children on our holiday shopping lists. We often bring those same children shopping with us as we rush from store to store, and aisle to aisle within the store. We load up the shopping cart to a point where we can barely see the child in the cart, and leave them unattended while we go to another part of the store. Or, we take our eyes off them for a few seconds. Both parents and children become distracted while shopping. We think of an item we need while we’re in the meat section, and kids see toys and other bright colorful objects out of immediate reach. But, even as we try to watch our kids every second, a number of injuries could occur in an area as common as the neighborhood grocery store.

A 26 year old, together with his 26 year old girlfriend spent hours drinking at a popular bar in Southwest Florida. At around midnight they left the bar as he staggered to the parking valet outside, and produced his valet ticket. Despite his appearing visibly intoxicated (Staggering, slurred speech, blood shot eyes, lack of coordination), the valet brought his car to him. Getting behind the wheel with his girlfriend in the passenger seat, the car sped off.

The company holiday party is just around the corner, and everyone has worked hard for the opportunity to relax and show their casual sides. Co-workers want to know: Will someone spike the punch again? Will inhibitions likely surface due to alcohol consumption? Will someone take a spill on the dance floor again while showing off the latest moves from Dancing with the Stars? We like to think that employees and guests will be well-behaved in the presence of their supervisors, but that’s not always the case. In fact, if the boss is drinking and living it up, why shouldn’t everyone else do the same? Truth be told, the holiday party can pose numerous risks for injury and negligence, particularly if alcohol is on the menu.

You've been waiting all year for the perfect holiday vacation for the family. The tickets were purchased months ago, you arranged for time off from work, and the kids will be on winter break. What could go wrong? According to the World Health Organization, injuries while travelling are among the leading cause of preventable deaths. Don’t make this the year that you become a statistic.

“Mom! Jessie has a trampoline, everyone’s going over to his house! He’s the most popular kid in our class! Can I go? Can I get one, too? I want everyone to come to my house! Please??” Does this sound familiar? If you’re a parent of a teenager or younger child, chances are you’ve heard that plea.

If someone you know resides in a professional care facility, or if you find yourself in a position of locating a new home for Mom, it is important to be aware of the basics regarding legality and responsibility of care giving, and the signs and symptoms of abuse toward the one who needs the care.

Everyday millions of individuals in the New York metropolitan area use public transportation such as buses, subways, or the railways. Fortunately, these methods of transportation are considered safe and, with few exceptions, most riders arrive at their destinations without incident. However, in those instances where a passenger is either injured or killed a lawsuit will necessarily follow, alleging negligence on the part of the particular carrier and /or the driver, motorman or conductor.

Medical Malpractice settlement in Pennsylvania for a young child who suffered from a severe injury to the intestinal tract due to a delay by the hospital and doctor in diagnosis and treating Necrotising Enterocolitis.Read More

Our client, a 52-year-old executive secretary had an extensive stay in a local Nassau County hospital. She was discharged and thereafter had persistent nausea and vomiting for a two-week period.Read More

Settlement with the State of New York in the Court of Claims for a victim who sustained brain damage while descending a recreational tube slide on a slope negligently designed by New York State.Read More

Verdict against Phillip Brothers Chemical Company, Inc. who failed to adequately warn a worker in an electroplating plant how to properly add zinc cyanide to a brass plating mixture resulting in an explosion causing burns and loss of vision in one eye.Read More

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The Finz & Finz, P.C. firm represents clients from New York and surrounding areas, including New York City (NYC), Brooklyn, Bronx, Queens, Manhattan, Staten Island, Nassau County, Suffolk County, throughout New York state and nationwide.